Threatening DVLA notice on german registered car

Threatening DVLA notice on german registered car

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Discussion

jondude

2,346 posts

218 months

Saturday 25th October 2008
quotequote all
I would think it is either a prank or the DVLA chap did not notice the German plates.

However, this may be a scare campaign as we all know, especially if you drive in London, that there are more and more foreign registered cars....and they can't all be driven by bonafide tourists.

The problem for the DVLA is we have no civilian register as in Sweden, Denmark - the authorities have no idea when you came here to settle.

So they bluff you, perhaps, with this. You get scared, you seek advice....they then tell you the car needs registering here in so many weeks as your tourist status is up or whatever, you feel they now know where you are...the DVLA and Gordon get their taxes.

This is the same way this ' a British citizen may not drive an EU car ' works. This is only true if you are a resident here and doing the same, potentially, as those above - driving a French car permanently to avoid taxes and MOTs.

You can drive a relatives car from the EU for a while( so long as you have insurance and this is unlikely ), you can be British and drive a French car SO LONG as France is considered your normal place of abode. I believe that means you live in France for 181 days in any year.

As said, what pees the authorities off here is they cannot find out when you came here, if you have been in France etc etc - so they will scare you into taking care of it.

If the OP normally lives in Germany and the car is taxed, MOTd and insured as in Germany, he is not liable to pay one cent in taxes to our authorities. Period.

teppa

7 posts

187 months

Saturday 25th October 2008
quotequote all
Its just what ive thought...
i'd just like to know what Adam did with it at the end... has this happen to him few weeks ago would nice to know if he got other warnings or nothing, that would clear that is a scare propaganda...

BigLepton

5,042 posts

202 months

Saturday 25th October 2008
quotequote all
teppa said:
Shall i explain my case: im italian and im resident in the uk the thing is that the car which is italian registered is insured and owned by my grandmother who of course lives in italy,
The Italian insurance will have an address on it that the insurance company think the vehicle is kept at. If this address is in Italy and not where you are currently keeping the vehicle in the UK, you may well be uninsured, both in the UK and Italy. May well be worth checking if you are insured to keep the vehicle in another country as a resident.

teppa

7 posts

187 months

Saturday 25th October 2008
quotequote all
No of course my italian insurance know where is the car and that is in london... and for them its ok

BigLepton

5,042 posts

202 months

Saturday 25th October 2008
quotequote all
teppa said:
No of course my italian insurance know where is the car and that is in london... and for them its ok
Well, as long as you are sure. IME it is very unusual for an Italian insurance company to cover a vehicle taken abroad by someone with residential UK status and keep it there for more than a few weeks. (I used to live in Liguria, near Ventimiglia)

AdamT

Original Poster:

2,820 posts

253 months

Saturday 25th October 2008
quotequote all
teppa said:
Its just what ive thought...
i'd just like to know what Adam did with it at the end... has this happen to him few weeks ago would nice to know if he got other warnings or nothing, that would clear that is a scare propaganda...
A little update. On friday when I came back to my house my housemate told me that he saw a DVLA worker taking pictures of my car and recording its presence on the street, then he left another one of these notices on the windscreen. My housemate didnt confront the man as he was on the phone(wish he could have just called the person he was speaking to back).

I was so close to "catching" this guy, would have loved to do so and given him a piece of my mind.

So I called the DVLA and got the same response : "Nothing to worry about etc etc"

If they do anything (clamp, tow) itll be a hassle but I have GF fresh from law school in Germany who is very happy to plead my case wink

To all who have responded with advice, thoughts and words of support. Thanks...much appreciated. Overall its not a big deal, but its a nice car and Im proud of it and the thought of seeing it unlawfully put on a tow truck and potentially damaged is a bit of a pi$$ boiler.

Teppa, hope all turns out ok for you.

Ill keep this thread updated if anything else happens,

adam



Edited by AdamT on Saturday 25th October 20:46

WildCat

8,369 posts

244 months

Saturday 25th October 2008
quotequote all
BigLepton said:
teppa said:
Shall i explain my case: im italian and im resident in the uk the thing is that the car which is italian registered is insured and owned by my grandmother who of course lives in italy,
The Italian insurance will have an address on it that the insurance company think the vehicle is kept at. If this address is in Italy and not where you are currently keeping the vehicle in the UK, you may well be uninsured, both in the UK and Italy. May well be worth checking if you are insured to keep the vehicle in another country as a resident.
I checked my policy small print. I phone them up too. They tell me what I already know here.. that my policy will cover me for 6 month abroad only. I do suspect this to be univeral case amongst these firms. I have car insured with Fortis.. we have one with NU . one with Zurich .. one with Cornhill .. one with NIG. They all telling us the same here on phone wink

Please check policy details. I not want you to get wrath of ANPR here. I not wish s8ch on anyone. wink

Dupont666

21,612 posts

193 months

Saturday 25th October 2008
quotequote all
A friend i know has a bosnia (think thats the country) registed toureg/Q7 tank and he lives in London, he does travel back there every now and again, but the DVLA unofficial told him that as long as the car goes out of the country once a year (shopping trip to France) then there is no problems with it and he has no tax disk and hasnt for over a year.

They dont hassle him, so not sure why they are doing it to you.


teppa

7 posts

187 months

Sunday 26th October 2008
quotequote all
AdamT said:
teppa said:
Its just what ive thought...
i'd just like to know what Adam did with it at the end... has this happen to him few weeks ago would nice to know if he got other warnings or nothing, that would clear that is a scare propaganda...
A little update. On friday when I came back to my house my housemate told me that he saw a DVLA worker taking pictures of my car and recording its presence on the street, then he left another one of these notices on the windscreen. My housemate didnt confront the man as he was on the phone(wish he could have just called the person he was speaking to back).

I was so close to "catching" this guy, would have loved to do so and given him a piece of my mind.

So I called the DVLA and got the same response : "Nothing to worry about etc etc"

If they do anything (clamp, tow) itll be a hassle but I have GF fresh from law school in Germany who is very happy to plead my case wink

To all who have responded with advice, thoughts and words of support. Thanks...much appreciated. Overall its not a big deal, but its a nice car and Im proud of it and the thought of seeing it unlawfully put on a tow truck and potentially damaged is a bit of a pi$$ boiler.

Teppa, hope all turns out ok for you.

Ill keep this thread updated if anything else happens,

adam



Edited by AdamT on Saturday 25th October 20:46
Thank you adam i'll keep my eyes open and keep you updated on my side... i;ve actually think they want to scare you to invite you to come along and register as they cant do much or they will have to record the car for six months in a row?

Cooperman

4,428 posts

251 months

Sunday 26th October 2008
quotequote all
The issue with UK residents driving foreign registered cars used to be that an offence was being committed due to non-payment of import duty and VAT. Thus it was an excise offence. This I remember from my day with the Datsun UK rally team when we, as English drivers and co-drivers, had to get special customs dispensation to use Jap registered cars on UK. I guess that with non-EU registered vehicles, the same still applies. However, with the current EU regulations, there cannot be any import duty or VAT on assets transferred from one EU country to another, so the import duty/VAT offence can no longer exist.
It seems as though the advent of the EU 'freedom of movement of people within the community' is in conflict with what the DVLA would like (i.e. every vehicle on the UK raods taaxed in the UK and registered for them to track. That ain't gonna happen anytime soon as the EU legislation seems to take precedent over UK laws. To 'snatch' a vehicle registered not in the UK from a UK road when it is legally owned by a national of another EU country on business or studying here could cause a huge EU Human Rights law case, and one might be surprised if the DVLA and its associates would be prepared for this.
It is certainly a very grey area.

monstermercedes

3 posts

187 months

Wednesday 29th October 2008
quotequote all
Hi Adam et al,

I found this thread on google after having the exact same problem.

Our German registered car had the DVLA notice attached to it a couple of weeks ago following a long dispute with our council. It has had a residents permit issued to it for 3 years, but strangely this year the council refused to renew it citing that it is no longer possible to issue residents permits to foreign registered cars. This is despite the fact that the car is regularly out of the UK, but as we have a UK base we naturally want to be able to park outside our house.

Being a lawyer, I took the matter into my own hands and threatened judicial review against the council for breaching our European Fundamental Freedoms. I was quite surprised when they backed down with a couple of weeks and apologised for the inconvenience, and prompty issued a new resident's permit.

Now we have the same battle with the DVLA it seems. Yesterday our car was issued with the second DVLA 'penalty notice'.

I would be interested in discussing strategies with other motorists who have the same problem. My feeling is that the efforts at the DVLA should be aimed more at harmonisation of european traffic laws with the goal of us all being able to keep and drive our cars in whichever county we choose (and obviously with cross border enforcement of penalties). The current system is nonsense at best, and now with the DVLA's new enforcement campaign- potentially illegal (in addition to European freedom of movement principals, I believe harrassment can also be cited).

Once thing which would be worth doing for all affected motorists is to make a Freedom of Information request and Data Protection Subject Access Request against the DVLA to get access to the information they hold on you.

I look forward to continuing this discussion.

teppa

7 posts

187 months

Thursday 30th October 2008
quotequote all
Hi MonsterM, its teppa here, ive found ehat you say very interesting as it is a very grey area, i belive they got my italian registered carplate as i got in dover two weekes ago after my last visit to the continent... as i found on the bbc news that they just put anpr cameras at ustom just to read foreign carplates...
And after a week ive found the dvla warning notice, now i live in terror everyday thinking that when i come back from work my car would not be there...
I thought as well that it was in someways against EU laws, overall the car is not mine but owned by my parents... thats why before starting to think to bring the car down or makin it english i checked around on the web for help and suggestion...
Monster just be more clear what me and adam should do if they continue to harassing us and our cars? ive called them up without telling the details of my car and i explained the situation but look like dont listen and for the if you are not a visitor you have to registering it in uk... Ciao

monstermercedes

3 posts

187 months

Friday 31st October 2008
quotequote all
hey teppa,

I think I've found the article you are refering to:

http://news.bbc.co.uk/2/hi/uk_news/7670838.stm

Best thing to do is keep all your documentation accessible at all times- including any ferry tickets. What the polish driver in the news story should have done was get into his car as it is illegal to remove a car which is occupied.

What I don't understand in the article is that the polish guy was asked to pay £260 for the clamping and removal and then 6 months road tax? Surely they would have also required him to register the car in the UK? I for one don't mind paying road tax in the UK as well as Germany as it would buy me peace of mind.

What is out of the question is registering the car in the UK, as:

a) like you, it doesn't belong to me- it belongs to my father-in-law.

b) to go through the registration process I believe the dashboard would need changing to miles and also the lights would need changing to UK spec. This is expense I would obviously like to avoid, as it would have to be reversed as soon as the car returned to Germany.

c) I believe there is a matter of principle at stake here- namely, that we should be able to freely move between countries within the EU and bring our vehicles with us. If vehicle tax and traffic enforcement were harmonised then there would not be a problem.

I'm going to continue driving here on foreign plates and not worry about things too much- should I run into problems, then I'll take the DVLA to the European Court. Historically they have looked favourably on individuals whose lives have been made difficult by government agencies trying to trump EU principals of free movement with national interests such as raising tax revenue or overcoming logistical issues of cross-border enforcement.

Meanwhile if you want to know what information the DVLA hold about you- you should file a Data Subject Access Request and also a Freedom of Information request stating that you want them to give you all information they currently hold on you and your vehicle.

monstermercedes

3 posts

187 months

Friday 31st October 2008
quotequote all
oh and teppa- I don't think the ANPR cameras are what caused this- our car has been in the UK since before the cameras were installed and we were also ticketed.

What's going on in my estimation is that the DVLA have outsourced to NCP the job of patrolling the streets and ticketing foreign cars. It's totally random that they happened to cover your street while your car was there. I'm less sure whether they actually record the date, time and location of the car in order to build a case- but this is certainly possible.

DVLA- if you are reading this then you should take note. You are going about it the wrong way. All you need to do in order to ensure that traffic fines are paid is make it compulsory for all foreign vehicle drivers in the UK more than say a month to register via an online database the UK address where they are staying. Also, make it a criminal offence to give false information. I for one would be happy to tell you where I live and pay for any motoring offences which might take place. All I want in return is to be able to drive and keep my car wherever I like.

For those of you who are saying "what about the lost pounds in road tax- we are all subsidising road maintenance for foreign drivers", you've also got it wrong! We are making money from as many UK cars abroad than we have foreign cars in the UK. Across the EU there should be a net balance. If you're really worried about it then set up a EU car tax fund. This would certainly be a lot easier and more cost effective to administer than all these cameras and enforcement officers everywhere.

Of course, Britain likes her cameras- anyone who has read 1984 will spot some obvious parallels. The country is becoming deeply paranoid...

We must be the only country, not just in Europe- but the world, who tries to solve our problems with CCTV rather than a bit of common sense...

AdamT

Original Poster:

2,820 posts

253 months

Tuesday 4th November 2008
quotequote all
Monstermercedes,

Great to have you onboard and thanks for your contribution.

To go back to your earlier point about residents parking, I had no problem whatsoever about getting a permit...so I guess it just depends on your council.

The link you provided (bbc article) was very useful. I think the DVLA should be applauded for trying to crack down on some of the down right dangerous illegal vehicles in the uk. But targeting cars which are clearly taxed and in good conditon such as mine, yours, teppa and many others Im sure is not the way to go about it. (though they (the DVLA) stress in the article they are trying not to do so).

Either way its the hassle and the small worry of returning to your car being lifted onto a tow truck which is pi$$ing me off.

We will have to see, how it pans out I suppose,

best,
adam

GC8

19,910 posts

191 months

Tuesday 4th November 2008
quotequote all
The DVLA/NCP seem to be approaching this problem in the same way that the TV Licensing/Capita are approaching the problem of unlicensed television viewing. That is, they are indiscriminately mithering everyone that they can find.

Who me ?

7,455 posts

213 months

Wednesday 5th November 2008
quotequote all
monstermercedes said:
We must be the only country, not just in Europe- but the world, who tries to solve our problems with CCTV rather than a bit of common sense...
But hey ho - PC camera just needs a few watts fed in - PC pLOD NEEDS A WAGE /HOUSING ALLOWANCE ETC and so the bean counters opt for the(seemingly ) cheaper option - never mind global warming ,or how does PC camera arrest crooks /give a sense of security to sensitave areas . PC PLOD has no problems with hoodies - he has a look inside -something PC Camera can't do . Problem is that the TOOL has taken over .Likewisewhen beat police need a vehicle, is it because their bosses have lost touch with reality and have made the beat too big for sensible policing .